The UK Government, the Law and Your Role

Democracy, in a simple working definition, is a political system in which the whole adult population has a say in how the country is governed — whether directly by voting on issues, or indirectly by electing representatives who take decisions on their behalf.

Britain's democracy in its current form is a relatively recent achievement. At the beginning of the 19th century the UK was certainly not a democracy as we understand the word today. Elections to return members of Parliament (MPs) did take place, but only a narrow fraction of the population was entitled to take part — specifically, adult men over 21 who met a property-ownership qualification. Women could not vote at all.

The franchise — the right to vote — was progressively widened through the course of the 19th century, and the emerging political parties began to draw ordinary men and women into active membership.

The most significant early reform movement was the Chartist movement of the 1830s and 1840s, a mass popular movement with a programme of six democratic demands. At the time the campaign looked to observers like a failure; most of the six demands had, however, been conceded through legislation by 1918.

A country's constitution is the set of principles by which the country is run. It specifies the institutions responsible for the government of the state, defines the relationships between them, and sets out how power is checked. The constitutional settlement also includes the body of the country's laws and its accumulated conventions.

The British constitution is unusual in being described as 'unwritten' — it is not set out in a single authoritative document. That historical feature reflects the fact that, unlike the United States or France, Britain has never undergone a revolution that led permanently to a ground-up redesign of the system of government. Instead, Britain's key institutions have evolved incrementally over many centuries.

There is an ongoing debate in the country over whether this matters. Some argue that a written constitution in a single document would make the rules of the game clearer; others argue that the absence of a single text allows the system to adapt and makes for better practical government.

Within the UK, political authority is distributed across several different institutions at the centre, and in recent decades has also been partly transferred to devolved governments in Scotland, Wales and Northern Ireland, which have legislative authority over defined subject areas.

The royal family waving from the Buckingham Palace balcony during King Charles III's coronation, 6 May 2023 · Isaac Mayne / UK Department for Culture, Media and Sport, 2023. Public Domain Mark 1.0. Wikimedia Commons.

The head of state of the United Kingdom is the monarch, who is also head of state for many of the other countries that make up the Commonwealth. Britain is a constitutional monarchy — a system in which the king or queen does not personally rule the country, but formally appoints the government that the people have chosen through democratic elections.

In practical terms, the monarch invites the leader of the party that has won the largest number of seats in Parliament, or the leader of a coalition of parties, to form a government as Prime Minister. The monarch meets regularly with the Prime Minister and, in the well-known constitutional formulation, has the right to 'advise, warn and encourage' — but day-to-day policy decisions are taken by the Prime Minister and cabinet.

The monarch performs a range of important ceremonial functions. Each year the monarch opens the new parliamentary session with a speech that sets out the government's policy agenda for the coming year. All Acts of Parliament are enacted formally in the monarch's name.

Internationally, the monarch serves as the UK's senior representative: receiving foreign ambassadors and high commissioners, entertaining visiting heads of state, and undertaking state visits overseas in support of the UK's diplomatic and economic relationships.

Finally, the monarchy provides the UK with a source of continuity and stability at the top of its constitutional structure. While governments and prime ministers change at regular intervals, the monarch remains in place as head of state across those transitions.

The chamber of the House of Commons, Palace of Westminster · UK Parliament, 2012. CC-BY-3.0. Wikimedia Commons.

The UK is a parliamentary democracy. For electoral purposes the country is divided into geographical parliamentary constituencies; voters in each constituency elect a single member of Parliament (MP) at a General Election. The full set of elected MPs makes up the House of Commons. Most MPs are members of an organised political party, and the party that wins a majority of Commons seats forms the government. If no single party has a majority, two or more parties can negotiate a coalition to form a government between them.

Of the two Houses of Parliament, the House of Commons is regarded as the more important chamber, because it is elected democratically. The Prime Minister and virtually all cabinet ministers sit as MPs in the Commons. Each MP formally represents a parliamentary constituency.

Commons debates are chaired by the Speaker. The Speaker is politically neutral and does not represent a party in the chamber, although he or she remains an elected MP representing a constituency and continues to handle that constituency's casework like any other MP. The Speaker is selected from among the MPs in a secret ballot of the Commons.

General Elections must be held at least every five years. If an MP dies or resigns between General Elections, a separate local election — a by-election — is held in that MP's constituency to choose a successor. British Parliamentary elections use a voting system known as 'first past the post': in each constituency, the candidate with the largest share of votes wins the seat.

Elections to the European Parliament were held every five years on a different basis, using a system of proportional representation under which seats were allocated in proportion to the votes each party had received. Members elected to the European Parliament are called MEPs.

Every elected representative has a duty to serve the constituents who elected them. Many MPs, Assembly members, MSPs and MEPs hold regular 'surgeries' in their constituencies, at which residents can come in person to raise issues of personal or local concern.

The House of Lords chamber, Palace of Westminster · UK Government (Cabinet Office), 2011. Open Government Licence v3.0. Wikimedia Commons.

The members of the House of Lords are known as peers. Unlike MPs they are not elected by the public and do not represent geographical constituencies. The composition of the Lords, and its role relative to the elected Commons, have both evolved substantially over the past 50 years.

Prior to 1958, membership of the Lords consisted of three categories: 'hereditary' peers, who had inherited their seat through aristocratic title; the country's most senior judges; and bishops of the Church of England.

From 1958 onwards, the Prime Minister was given statutory power to nominate new peers who would hold their peerage only for their own lifetime. These are the life peers. Life peers are typically distinguished individuals from politics, business, law or another profession. The formal appointment is made by the monarch on the Prime Minister's advice. The leaders of the other main political parties are also able to nominate peers, and an independent House of Lords Appointments Commission nominates non-party peers.

A further reform in 1999 removed the automatic right of hereditary peers to sit in the Lords. A small number are now elected from among their own ranks to represent hereditary peers collectively.

The Lords tends to be more independent of government than the Commons. It can suggest amendments to legislation, or propose fresh legislation of its own, which is then debated in the Commons. Its key day-to-day role is to scrutinise laws that the Commons has passed, to ensure they are fit for purpose. It also holds the government to account and tests whether it is acting in the public interest. The Commons does have reserve powers to override the Lords, but uses them sparingly.

The UK has a long tradition of respecting individual rights and protecting fundamental freedoms. The historical roots of that tradition reach back to Magna Carta, to the Habeas Corpus Act of 1679 and to the Bill of Rights of 1689; the modern body of rights has built up incrementally over the centuries since.

British diplomats and lawyers played a leading role in the drafting of the European Convention on Human Rights and Fundamental Freedoms in the aftermath of the Second World War. The UK was among the first nations to sign the Convention when it was opened for signature in 1950. Almost half a century later, the Human Rights Act of 1998 brought the Convention's rights directly into UK domestic law. Since that Act, UK courts, public bodies and government must conduct themselves in line with the Convention's principles.

UK legislation prohibits unfair treatment in many areas of life or work on the grounds of age, disability, sex, pregnancy and maternity, race, religion or belief, sexuality or marital status.

Within the UK, domestic violence is a serious criminal offence. Violence against a partner — whether the partner is male or female, and whether the two are married or simply living together — can be prosecuted. A husband who forces his wife to have sex may be charged with rape; the legal protection applies without qualification.

Female genital mutilation (FGM), sometimes called cutting or female circumcision, is a criminal offence in the UK. It is also a criminal offence to take a girl or woman abroad specifically for the purpose of FGM.

Marriage in the UK requires the full and free consent of both parties. Arranged marriages, in which both parties consent freely to the marriage, are lawful and accepted. A forced marriage — in which one or both parties do not, or cannot, give free consent — is illegal, and forcing another person into marriage is a criminal offence in its own right.

Income in the UK attracts income tax. Taxable income includes wages from paid employment, profits from self-employment, taxable benefits, pensions, and income from property, savings and dividends. The revenue that central government raises through income tax pays for a range of essential services — roads, education, the police, the armed forces and more.

For most employees the right amount of income tax is deducted automatically from their pay by their employer and forwarded to HM Revenue & Customs (HMRC). This system is known as 'Pay As You Earn' — PAYE for short. The self-employed handle their own tax through a parallel system called 'self-assessment', which requires them to complete an annual tax return.

Almost everyone in paid work in the UK, the self-employed included, must pay National Insurance Contributions (NICs). The revenue from NICs is ring-fenced to pay for state benefits and services including the state retirement pension and the National Health Service. Each person has a unique National Insurance number — a personal identifier for the system. UK-born young people are sent their National Insurance number shortly before their 16th birthday.

Turning to driving: in the UK the minimum age for driving a car or a motorbike is 17, and a full driving licence is required to drive on public roads. Mopeds may be ridden from age 16. To earn a UK driving licence a learner must pass a theory test (which comprises a multiple-choice theory component and a hazard-perception component) and a practical driving test.

A UK driving licence is generally valid up to age 70; after 70 it is renewed on three-year terms. In Northern Ireland, newly qualified drivers must display an 'R' plate (for 'restricted driver') for the first year after passing their test.

If your driving licence was issued in an EU country, Iceland, Liechtenstein or Norway, it can be used in the UK for as long as it remains valid. A licence issued anywhere else is valid in the UK for up to 12 months from the date of your arrival; after that you must obtain a full UK driving licence to continue driving.

Metropolitan Police mounted officers on duty at Trafalgar Square, London · Photograph by Arriva436, 2008. CC-BY-SA-3.0. Wikimedia Commons.

One of the central civic duties of every UK resident is to know the law and to follow it. Every resident of the UK, whoever they are and wherever they come from, receives the same treatment under the law — the law applies to everyone equally.

British law is conventionally divided into two broad categories: criminal law and civil law. Criminal law deals with crimes; cases are usually investigated by the police or by other statutory agencies, and they are punished through the courts. Civil law deals with non-criminal disputes, typically between individuals or between organisations.

The police in the UK have a three-part statutory function: to protect life and property, to prevent disturbances (or 'keep the peace'), and to prevent and detect crime. The UK's police are organised into a set of separate territorial forces, each led by a Chief Constable; the forces are constitutionally independent of the government. In England and Wales, directly elected Police and Crime Commissioners (PCCs) are accountable for the delivery of efficient and effective policing in their area.

Alongside regular sworn police officers, Police Community Support Officers (PCSOs) patrol the streets, engage with members of the public, and assist warranted officers at the scene of crimes and at major public events. Members of the public are expected to help the police prevent and detect crime wherever they practically can.

Judges — collectively called 'the judiciary' — have the role of interpreting the law and of ensuring that trials are conducted fairly. Government ministers cannot direct or interfere with the judiciary's work.

The court system differs somewhat between the three legal jurisdictions of the UK. In England, Wales and Northern Ireland, most minor criminal matters are heard in a Magistrates' Court; in Scotland, equivalent minor matters go to a Justice of the Peace Court. More serious criminal cases in England, Wales and Northern Ireland are tried before a Crown Court with a judge and a jury. In Scotland, serious criminal trials take place in a Sheriff Court, with the very most serious cases (murder, for instance) reserved for a High Court.

Young defendants are dealt with in distinct structures. In England, Wales and Northern Ireland, an accused person aged between 10 and 17 is usually heard in a Youth Court before up to three specially trained magistrates or a District Judge. In Scotland, the equivalent of the Youth Court is the Children's Hearings System, which deals with children and young people who have committed offences.

County Courts deal with civil disputes across a wide range of subject matter — personal injury, family matters, breach of contract and divorce among them. For small-value civil disputes there is an informal 'small claims procedure' allowing parties to settle their claim without needing a lawyer: the procedure covers claims below £10,000 in England and Wales and below £5,000 in Scotland and Northern Ireland.

The Prime Minister (PM) is the leader of whichever political party currently holds power. Their official residence and office is 10 Downing Street, in central London, a short walk from the Houses of Parliament, and they also have use of a country residence outside London called Chequers. The PM appoints around 20 senior MPs as ministers with responsibility for government departments; together these senior ministers form the cabinet, which typically meets weekly and takes the major decisions of government policy.

The second-largest party in the House of Commons has the formal role of the 'opposition'. The leader of the opposition is, by tradition, the person most likely to become Prime Minister if his or her party wins the next General Election. The opposition leader appoints senior colleagues as 'shadow ministers', together forming a shadow cabinet which mirrors and scrutinises each department of the governing cabinet.

Civil servants support the government in developing and implementing policy and in delivering public services. They are recruited on merit and are politically neutral — that is, they serve whichever government is in power. The civil service's statutory core values are integrity, honesty, objectivity and impartiality.

Towns, cities and rural areas across the UK are governed locally by democratically elected councils — commonly referred to as 'local authorities'. Local authorities are financed by a mixture of central government grants and local taxation. London as a whole is made up of 33 local authorities; the Greater London Authority (GLA) and the directly elected Mayor of London co-ordinate policies that cross borough boundaries.

Since 1997 the UK has been progressively devolving powers from the central government in Westminster to separately established governments in Wales, Scotland and Northern Ireland, giving each nation a degree of control over matters that most directly affect its people. Defence, foreign affairs, immigration, taxation and social security nonetheless all remain reserved to the central UK government.

The Welsh government and the National Assembly for Wales are based in Cardiff. The Assembly has 60 Assembly members (AMs) and elections are held every four years using a proportional-representation system. The Assembly has law-making power over Wales across 20 defined subject areas, and since 2011 it has been able to legislate on those devolved subjects without needing to seek the UK Parliament's consent.

The Scottish Parliament was established in 1999 and sits at Holyrood in Edinburgh. It has 129 members of the Scottish Parliament (MSPs), who are elected by proportional representation. The Scottish Parliament can legislate on any matter that has not been specifically reserved to the UK Parliament.

The Northern Ireland Assembly was set up following the Belfast Agreement (Good Friday Agreement) of 1998. It has 90 elected members, known as MLAs (Members of the Legislative Assembly), elected by proportional representation. The UK government retains the power to suspend any of the devolved assemblies — a power which has been used on several occasions in Northern Ireland.

Parliamentary proceedings are televised and are published in an official daily report called Hansard. The law requires radio and television coverage of political parties to be balanced overall.

Polling station signage at Canonbury, London, during the European Parliament elections 2019 · Photograph by Russss, 2019. CC0 1.0 Universal. Wikimedia Commons.

The UK has had a fully democratic voting system since 1928. The current voting age of 18 was established in 1969, and with only a small set of exceptions every adult UK-born citizen and every adult naturalised citizen has the right to vote.

Adult citizens of the UK, together with adult citizens of the Commonwealth and of the Irish Republic who are resident in the UK, are eligible to vote in all public elections. Adult citizens of other EU member states who are resident in the UK can vote in all elections except for UK General Elections.

To cast a vote you must be listed on the electoral register. Registration is updated annually, in September or October. Northern Ireland applies a separate 'individual registration' system, under which each eligible person must complete their own registration form.

Voting in person takes place at designated polling stations (in Scotland: polling places). On election day polling stations operate from 7.00 am to 10.00 pm. In Northern Ireland the polling station requires photographic identification before it will issue a ballot. No one has the right to tell you how to vote — the ballot is secret and the choice is yours.

Most UK, Irish or Commonwealth citizens aged 18 or over are entitled to stand as candidates for public office. There are some exceptions: members of the armed forces, civil servants, and people convicted of certain serious criminal offences cannot stand. Members of the House of Lords are themselves barred from standing for election to the Commons, but are eligible for every other public office.

Proceedings in Parliament are open to the public. Both the Commons and the Lords have public galleries from which debates may be watched in person at the Palace of Westminster. The devolved legislatures have their own seats: MSPs meet at Holyrood in Edinburgh; Welsh AMs meet at the Senedd building in Cardiff Bay; and MLAs meet at Stormont in Belfast.

The European Union flag — twelve gold stars in a circle on a blue background · SVG by Wikimedia contributors; flag design © Council of Europe. Public domain file; permitted usage per Council of Europe terms. Wikimedia Commons.

The Commonwealth is an association of independent countries that support each other and co-operate on shared goals in democracy and development. Most of the Commonwealth's member states were once part of the British Empire, although a handful of countries without that historical link have also chosen to join. The reigning British monarch — at present King Charles III — serves as the ceremonial head of the Commonwealth, which currently has 54 member states. Membership is voluntary. The Commonwealth is founded on the shared values of democracy, good government and the rule of law.

The European Union (EU) — formerly called the European Economic Community (EEC) — was founded by six western European states (Belgium, France, Germany, Italy, Luxembourg and the Netherlands) through the Treaty of Rome, signed on 25 March 1957. The UK initially chose not to join the new organisation but eventually joined the EEC in 1973. The UK subsequently left the EU following the 'Brexit' vote, with departure officially taking effect at 23:00 GMT on 31 January 2020. The EU now has 27 member states. With effect from 2024, no general principle of EU law forms part of UK law.

The Council of Europe is a separate and older body from the EU. It brings together 47 member countries — the UK among them — and has as its primary mission the protection and promotion of human rights within those countries. The Council has no legislative power but produces conventions and charters that the member states sign up to, the most influential being the European Convention on Human Rights.

The UK is a member of the United Nations (UN), the global international body whose membership exceeds 190 countries. The UN was founded after the Second World War with the twin aims of preventing further wars and promoting international peace and security. Its Security Council, which is responsible for recommending action in response to international crises and threats to peace, has 15 members — and the UK is one of five permanent members of the Council.

The UK also belongs to NATO — the North Atlantic Treaty Organization — a mutual-defence alliance of European and North American states. Members undertake to assist each other if any member comes under attack. NATO also has the standing purpose of maintaining peace between its own member states.

Becoming a British citizen or settling permanently in the UK carries responsibilities, but also opens up wide opportunities to take part in British public life. Every resident has the chance to participate in their community. The country operates around a core set of shared values and responsibilities that most people can subscribe to: obeying and respecting the law; being aware of, and respecting, the rights of other people; treating others fairly; behaving responsibly; helping and protecting your family; respecting and looking after the environment; treating everyone equally regardless of sex, race, religion, age, disability, class or sexual orientation; working to support yourself and your family; helping others; and participating in local and national democratic elections.

Registration on the electoral roll also carries a secondary civic duty: people on the electoral register may be randomly called for jury service. Jury duty applies to anyone on the register aged between 18 and 70.

Another way to contribute is to serve as a school governor (or, in Scotland, as a member of the school board). School governors are drawn from the local community, must be aged 18 or over, and take on three formal duties: setting the strategic direction of the school, ensuring that the school is held to account, and monitoring and evaluating the school's performance.

Political engagement can also take the form of joining a political party, which is a direct way to act on your own political beliefs and to take part in the democratic process. Policing offers additional volunteering routes: individuals can join their local force as a special constable or serve as a lay (non-police) representative, and can also apply to become a magistrate.

Donated blood is a vital clinical resource for hospitals, supporting treatment across a wide range of injuries and illnesses. The donation process takes roughly an hour. Organ donation is a further important volunteer commitment, given the many patients on UK transplant waiting lists — you can register as an organ donor at www.organdonation.nhs.uk. Living donors can also donate a kidney.

Volunteering — contributing your time to a good cause without being paid for it — is widespread in the UK, which has thousands of active registered charities and voluntary organisations. One formal national programme is the National Citizen Service, which offers 16- and 17-year-olds the chance to take part in outdoor activities, develop practical skills and contribute to a community-based project.

Environmental responsibility is another everyday civic theme. Recycling as much of your household waste as possible reduces the volume of rubbish going to landfill and reduces the energy needed to produce new goods. Shopping at local businesses supports farmers and retailers in your area and helps to lower your carbon footprint. Walking, cycling or using public transport in place of a private car produces less pollution and puts less strain on the environment.

All key facts from this chapter at a glance — read this to revise the full chapter quickly.